G/TBT/W/705  
 
29 November  2019 
(19-8219) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
INDONESIA - HALAL PRODUCT ASSURA NCE LAW NO. 33 OF 20 14 
STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
13 – 15 NOVEMBER  2019 
The following communication, dated 13 November  2019, is being circulated at the request of the 
delegation of  the United States. 
 
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The United States recognizes the importance for Indonesian consumers knowing whether 
products are halal, and we want to work with you to ensure that the la w as implemented achieves 
your objective without creating any unnecessary barriers to trade.  We understand that Indonesia 
has finalized a draft Ministry of Religious Affairs (MORA) Regulation on Implementation of Halal 
Product Assurance, which it has notif ied to this Committee ( G/TBT/N/IDN/123 ). We thank Indonesia 
for this n otification.  
We understand, however, that Indonesia finalized and issued another implementing regulation 
of the Halal Law in early May, Government Regulation 31 of 2019 on "Implementation Provisions of 
Law 33/2014 regarding Halal Product Assurance, " which Indonesia has not notified to this 
Committee. We ask that Indonesia notify this measure to the Committee.   
Furthermore, we expect Indonesia to issue additional implementing measures, including a Halal 
Product Assurance Agency decree that will specify a list of covered products as well as packaging 
and labeling requirements.  
We again request that Indonesia notify these implementing regulations to the WTO TBT 
Committee and are disappointed that the initial set were not notified prior to fina lization, despite 
repeated requests.  
We are encouraged by Indonesia 's notification of the draft MORA regulation and  urge Indonesia 
to notify all further implementing regulations prior to their finalization and again request 
transparency as these rules are  developed to provide adequate transition time, and an opportunity 
for stakeholder comments.  
In response to the draft MORA regulation, the United States Government is planning to submit 
comments through Indonesia 's TBT enquiry point. We strongly encourage Indonesia to take the 
comments of WTO member into consi deration prior to finalization . 
We request that Indonesia provide sufficient transition time for stakeholders to understand and 
comply with the requirements in these regulations. We understand that the  draft MORA 
implementing regulation will allow for phased implementation of mandatory halal certification 
requirements and that Indonesia will continue to allow the sale of non-certified products.  Can 
Indonesia confirm our understanding?  
Specifically, we u nderstand that the Indonesia will allow for a transition period whereby halal 
requirements will not go into force until:  October 2024 for "food and beverage products "; October 
2026 for "traditional medicine and health supplements, " "cosmetics, chemical pro duct and 
genetically engineered products, " "clothing, headgear and accessories, " "household appliances, 
Muslim worship equipment, stationery and office equipment, " and "goods for medical devices risk G/TBT/W/705  
 
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  class A "; October 2029 for "medicines " and "goods for me dical devices risk class B "; October 2034 
for "prescription drugs, excluding psychotropic " and "good for medical devices risk  class C ". Can 
Indonesia confirm this information?   
When  will further regulations be released, including measures that specify the list of products 
covered under the Halal regulations and provide information on packaging and labe ling provisions ? 
We would like to thank Indonesia for extending the recognition of foreign halal certification 
bodies so that halal -certified agricultural products can continue to enter Indonesia uninterrupted 
during this transition time. We request that Indonesia provide clear guidance on the government 
agency responsible for halal cert ification during the transition and phased implementation. At 
present, the role of Indonesia 's new Halal Product Assurance Agency ( "BPJPH ") and the Islamic 
Council of Indonesia ( "MUI") remains unclear.  
We request that clear guidance be provided on how fore ign certification bodies can apply for 
continued recognition once their current recognition period expires, and the process for new foreign 
certification bodies that wish to apply for recognition.  
We remain concerned with the mandatory requirement that bot h "halal" and "non-halal" 
products be labe lled. Mandating labels for both halal and non -halal information will create confusion 
for consumers and be costly and challenging for companies, both fore ign and domestic, to 
implement.  
We understand there is also a registration requirement for foreign  halal certificates included in 
the implementing regulations. As written, the registration requirement for importers is cumbersome, 
duplicative, and has the effect of restricting trade. Further, we do not see how the s ame registration 
requirements would apply to local products.  
We request that Indonesia modify this registration requirement to reflect the fact that 
Indonesia 's Halal Product Assurance Agency ( "BPJPH ") will already be conducting verifications of 
foreign ha lal agencies issuing halal certificates for imported goods.  
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